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HomeMy WebLinkAboutMinutes City Council - 06/07/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swentner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young REGULAR COUNCIL MEETING June 7, 1961 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend T. A. Burton, of First Church of the Nazarene. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Swantner, seconded by de Leon and passed that the minutes of the regular meeting of May 31, 1961, as furnished to the Council, be approved. Mayor McDonald announced the Joint Public Hearing by the City Council and the Zoning & Planning Commission on three amendments to the Text of the Zoning Ordinance No. 6106. James A. Broderick, Chairman of the Zoning & Planning Commission, called the Cce mission to order, called the roll of those in attendance, and reported that all members of the Commission were present. Mayor McDonald explained the procedure to be followed, and then recognized and introduced Mrs. Elizabeth Airheart, a member of the previous Council who had urged the idea of the Council and Commission holding joint public hearings, and the Honorable Travis Peeler, member of the State House of Representatives, who had charted the Bill through the Legislature which permits this type of joint public hearing. William Anderson, Director of Zoning & Planning, explained that wince the passage of the new zoning ordinance, it was felt that some pro- visions in the Text needed modification. He explained that the substance of the first amendment was regarding lot size, width, depth and area in the "R -1A" District to permit the same minimum lot area and yard requirements in platted subdivisions as are required in the "R -1B" District, for the reason that in some instances, existing platted lots have the proper area and width, but cannot comply with the depth requirement, and others have the proper area • • Regular Council Meeting June 7, 1961 Page 2 and depth, but cannot comply with the side yard requirements. No one appeared to be heard either for or against this amendment, and Mayor McDonald declared the hearing on the first proposed amendment to be closed. Mr. Anderson explained that the second proposed amendment was re- quested by the Board of Adjustment, and provided for the appointment of two alternate members to the Board of Adjustment, for the reason that the Board is comprised of only five members, four of whom must be present to constitute a quorum„ that eaoh decision requires the affirmative vote of four Board members, and that it is often very difficult to obtain a quorum, as the Board meets on call. He read a part of a letter from Ellroy King, dated May 17th, to the effect that it was his opinion that since so such authority is vested in this Board, only members who are willing and able to give the required time to it, should attempt to serve on this Board. Mr. Anderson further stated that the Staff recommended the adoption of this amendment providing for the alternate members. Commissioner Swantner spoke in favor of the amendment on the basis that, ;me member quite often being unable to attend, meant that in many cases it t*kee a *,nanimoue vote to either approve or reject an applicant's request, what seemed to him unfair and undemocratic, and that therefore provision should he made for five members to be present at all meetings. Commissioner Barnard felt that the two alternate members should be encouraged to be present at every meeting, even if the full membership is present, but that they vote only in the absence of a member. Mayor MCConald suggested this could be controlled by designating Alternate #1 and Alternate #2. No one appeared to be heard either for or against this amendment, and Mayor McDonald declared the hearing on the second proposed amendment to be closed. Mr. Anderson explained that the substance of the third proposed amendment was to permit the use of lots that are narrower than the minimum requirements, and provides that on any lot, the ownership of which is differ - end from the ownership of any adjoining property as of March 29, 1961, a Regular Council Meeting June 7, 1961 Page 3 single family duelling may be erected even though the lot is of less width or area than required by the regulations for the district in which it is located, provided the yard regulations are observed, and that a lot is con- sidered separately owned even if it adjoins a lot of the same ownership, if it fronts on a different street than such adjoining lot. Mayor McDonald asked if this amendment would permit a property owner, owning two adjoining 25' 'lots with a dwelling on each lot, to re- build if the house on one of the lots burned down. Mr. Anderson replied that the Board of Adjustment could grant it, but that the building of single family dwellings on any 25' lot in the City had been outlawed about 24 years ago as being condusive to slum areas, and that destruction by fire was very rare. He suggested that the proposed amendment be amended by adding the wording "Adjoining lots under the same ownership on which separate dwellings now exist may continue, rebuild, alter, or repair such separate dwellings on such separate lots." Mayor McDonald moved the addition of the foregoing amendment to the third proposed amendment. Mr. Broderick felt the addition of the amendment was very pertin- ent and fair. Hcmer Mann, in the audience, felt that the present provision is discriminating, and that the amended amendment should be adopted. No one else appeared to be heard on this amendment, and Mayor McDonald declared the hearing on the third proposed amendment to be closed. Mayor McDonald declared the joint hearing to be closed, and re- quested that the Zoning & P]anning Commission retire to consider the pro- posed amendments, including the proposed amendment to the third proposed amendment relating to the �5, lots, and make their recommendation to the Council as soon as possible. Mayor McDonald announced the Council would consider next appoint- ments to Boards and Committees. Motion by Siiantner, seconded by Maldonado and passed that Harvey Fry be appointed tb fill the vacancy on the Buildig Standards Commission. Mayor McDonald presented a Certificate of Appointment to Mr. Fry. • • Regular Council Meeting June 7, 1961 Page 4 Motion by Barnard, seconded by de Leon and passed that the follow- ing be appointed to the °Iratfic Safety Advisory Board; John Thomas, Dr Charles Clark, sad. Claude A. Alphin, for 3 -year terms; Manuel Cantu, to fill the unexpired term of Glenn Alexander; and Comdr. B. G. Shepple, to fill the unexpired term of Janes H. Young. Mayor McDonald presented the Certificates of Appointment to the foregoing, and emphasized the importance of the work of this advisory board.. Motion by 'young, seconded by Maldonado and passed that John Kirton be appointed to the Housing Authority to fill the vacancy of Roes Twigg. Mayor McDonald presented a Certificate of Appointment to Mr. Kirton. Mayor McDonald announced the opening of bids. Bids were opened and read on the construction of Salt Flats Storm Sever, Unit 1, from the following: Bur -hex Constructors, R. S. Black, H & H Concrete Construction Co., Heldenfels Brothers, Slovak Brothers, Inc., The Goldston Co., Inc. Motion by Barnard, seconded by Maldonado and passed that the fore- going bids be tabled for 48 hours as required by the City Charter, and re- ferred to the City Manager for tabulation and recommendation. Bids were opened and ream on the construction of Electrical Service Systems on the "3," Head from the following: Clyde P'iarbairn and Coastal Electric Co. Motion by Barnard, seconded by de Leon and passed that the fore- going bids be tabled for 48 hours as required by the City Charter, and re- ferred to the City Manager for tabulation and recommendation. Bids were opened and read on 40 items of Brass Service Fittings in various quantities and sizes, an& 6 items of Iron Body Stops, from the follow- ing: Alamo Iron Works, James Jones Co., McAllen Pipe & Supply Co., The Rohan Co., Inc., SAM.SC0, and Wallace Co., Inc. Motion by Swantner, seconded by Maldonado and passed that the fore- going bids be tabled for 48 hours as required by tte City Charter, and re- ferred to the City Manager for tabulation and recommendation. Bids were opened and read on 750° of 24" - 14 -gauge Galvanized Metal Corrugated Pipe from the following: Alamo Iron Works, Armco Drainage • Regular Council Meeting June 7, 1961 Page 5 & Metal Products, Inc., Roan Supply Co., Wallace Co., Inc., and Wyatt Indus- tries, Inc. Motion by young seconded by Maldonado and passed that the fore- going bids be tabled for 48 hours as required by the City Charter, and re- ferred to the City Manager for tabulation and recommendation. Mayor McDonald called for the City Manager's Reports. Motion by Swantner, seconded by Barnard and passed that the requests and recommendations of the City Manager be granted and approved, as follows: a. That acceptance and final payment of Estimate #4 in the amount of $6,248.34 to Bur -Tex Constructors for the Agnes -Laredo Extension project be approved; b. That acceptance and final payment of Estimate 44 in the amount of $16,083.70 to Braselton Construction Co. for construction of Collier Park Swimming Pool, be approved; c. That the award of bid on 82 tons of Commercial Fertilizer be made to B. L Henderson & Sons, Inc., at $47.87 per ton, on the basis of the low bid meeting specifications; (See Bid Tabulation #20 in File) d. That authority to advertise for bids to be received June 21, 1961, on an estimated 12 -months' supply of Cast Iron &/or Asbestos Cement Pipe, be granted; e. That the Tax Error & Correction List for May, 1961, be approved; f. That the exchange of 2 overage, rotary gear fire pumpers be- longing to the City fora certain 155 crash truck belonging to the Flour Bluff Volunteer Fire Department in consideration of $1 each for the 2 City vehicles and $2 for the crash truck to clear title to the vehicles, be approved; g. That acceptance of assignment of paving certificates in connec- tion with Weber Road Improvements, and Morgan Street Improvements, be approved as follows, on the basis of being homesteads: 443 Ceo. R. Whitener $1,055.85 #44 D'rel1 L. Evans 566.03 #45 Joe P. Rogers 565.94 Pauline W. Coe 566.03 John "V'. Marlett 565.94 #50 Wayne L. Watson 557.58 #52 Lester T. Springs 521.28 #53 Mr. Paul J. Walsh 534.01 #54 Corpus Christi Builders, Inc. & T. D. Eller 539.17 • Regular Council Meeting June 7, 1961 Page 6 #55 Geo. E. Guckian $ 523.60 6 Wm. C. Galbreath, Jr. 505.95 57 D. J. Waggoner, Jr. 516.25 #58 John E. Turner 505.95 #60 Conrad C. Wilson 505.95 #61 W. E. Rhoten 516.25 #62 Walter R. Love 505.95 #63 Marvin W. Smith & Othon Gntllen 5+3.95 #64 William A. Bazemore 250.80 #65 H. J. Erkert, Jr. 250.80 #68 P. C. Bailon 250.80 #70 Chas. W. English 250.80 #71 William P. Murchinson 250.80 2 Billy G. Roschetzky 250.80 75 Kenneth McDaniel 250.80 #76 Ralph P. Laughter 250.80 179 Charles R. Ward 758.52 #103 Grady St. Clair & Robert Ballard 2,085.88 #104 C. D. Davis, Jr. 696.79 #105 Carl Hutchinson 694.85 #109 Billy F. Kennedy 391.22 #110 Elie J. Messarra 376.66 #111 Hill Winfrey, Jr. 403.56 #112 Hal K. Dunn 382.04 113 Martin H. Jones 364.58 115 Garland Bazemore 364.58 #116 Carl Steinmeyer 364.58 117 William T. Massey 386.22 #118 Jos. A. Welborn 298.50 #119 Robert L. Belhaaen 250.80 #120 Merle H. Patch 250.80 #121 Jos. L. Knox 250.80 #122 Jos. E. Wagner 250.80 #]27 James M. Watkins, Jr. 250.80 #131 John W. Chaffee 250.80 #132 Jack W. Sykes 297.45 #2 E. H. Markin 1,579.77 #3 Seldon Broughton 131.01 #4 William D. Boston 121.55 #5 Billy Charles Koy 121.55 M. K. Easterling 112.20 Alfred F. Hanker 112.20 #8 Leeroy H. Loewen 121.55 #9 Jack Q. Lancaster 121.55 #10 Aaron W. Hopper 121.55 #11 Billy K. Jessee 106.55 #12 Gordon L. Rindflish 112.20 13 Homer C. Innis 112.20 14 Leon Seidenberger 112.20 #15 Eugene Collins 112.20 #16 Marvin R. Hall 112.20 X18 Thomas L. Reed 112.20 #19 Kenneth Vaughan 112.20 �20 John T. Evans 112.20 Gene Henderson. 112.20 #22 Lee Roy Kendricks 112.20 #25 Sam H. Smith 112.20 426 Thomas Howard 112.20 427 Frank S. Barham 740.52 #28 Fred F. Givens 168.30 #29 Irving Calloway 258.61 #30 L. D. McQuaid 160.25 #31 P. J. Bradshaw 157.08 #32 D. N. Bailey 159.22 Regular Council Meeting June 7, 1961 Page 7 #33 W. R. Burrus $ 175.41 34 Raymond Sykora 204.20 35 Walter Wilkinson 134.64 X360. A. Peterson 230.89 X37 George Shaffer 222.53 x}89 Roy E. Byron 543.36 92 Harold Stagg 628.32 Joe B. Burkhalter 628.32 Newton T. Clark 583.44 Gene K. Coppin 628.32 William E. Ledford 561.00 Howard D. Larkins 561.00 #93 #94 #95 #97 Morgan Street: #5 C. R. Steinmetz 1,884.07 #7 Edgar H. Lorenz & J. F. Lorenz 739.42 #8 Edgar H. Lorenz & J. F. Lorenz 661.46 #9 Edgar H. Lorenz & J. F. Lorenz 780.83 #14 Josephine V. Salazar 656.40 #19 Antonio Godoy & Josephine Godoy 801.07 8 ESmaa Heifetz 1,888.12 48 Homer Dowd 784.35 #50 Gloria Ferias 668.78 53 Geronimo Arriaga 759.47 56 Concepcion R. Flores 590.10 #57 Sidney H. Foreman 4,753.74 #66 Angie Hrchek 2,203.79 h. That the following recommendations be approved relative to Inland Transport Co., Limousine Accounts Receivable; 1. The sum of $1,000 in five $200 payments be accepted in settlement of Inland°s outstanding bonus payments; 2. Collection of the amounts due from Airline Taxi should be pursued through bankruptcy court; 3. if Inland believes its present franchise is confiscatory and unecon- omical, a separate request should be submitted to the City Council setting forth the desired relief, the basis for the request, and the operating results since Inland has operated the franchise. City Manager Whitney reported that he had just been handed the recommendation of the Zoning & Fleming Commission relative to the proposed Text Amendments to the Zoning Ordinance, and read the recommendation as follows: ments to ing; "It was moved, seconded and passed that the following Text Amend - the Zoning Ordinance be recommended for approval to the City Council: "Amend Section 5-5, Article 5, and Article 24, by aAding the follov- "In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. "Amend Section 29-1, Article 29, to read as follows: • • Regular Council Meeting June 7, 1961 Page 8 "There shall be a Board of Adjustment established in accordance with and controlled by the provisions of Section 7 of Chapter 2114 of the Acts of 1959, 56th Legislature, of the State of Texas. "Amend Section 27=3.06.01, Article 27, by replacing it entirely with the following going "On any lot the ownership of which is different from the owner- ship of any adjoiping property as of March 29, 1961, a single family dwelling may be erected even though the lot be of less width or area than required by the regulations of the district in which it is located, provided the required yard regulations a are observed. A lot shall be considered as separately owned even though it adjoins another lot or lots belonging to the same owner in case it fronts on a different street from such other adjoining lot or lots. Adjoining lots under the same ownership on which separate dwellings now exist may continue, rebuild, alter, or repair such separate dwellings on such separate lots," Motion by de Leon, seconded by SWantner and passed that the fore - recommendation of the Zoning & Planning Commission be accepted and approved. ORDINANCE NO. 6161 CORRECTING AND NEEDING ORDINANCE NO. 6051 ENACTED ON THE 25TH DAY OF JAN- UAiR!, 1961, RE ASSESSMENT FOR IMPROS ON AGNES-LAREDO EXTENSION, BY MEWING SECTION 3 THEREOF; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDINANCE REMAIN IN FULL FORCE AND ; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting "Aye". The foregoing ordnance was passed by the following vote: All Council Members present and voting "Aye". ORDINANCE NO. 6162 RECEIVING AND ACCEPTING THE CONSTRUCTION or THE AGNES-LAREDO STREET EXTEN- SION AND IMPROVEMENT PROJECT, PROJECTUNDER THEM 220-53-6.2, AS PERFORMED BY TEE CONTRACTOR. _ iti CONS .%UCfi0R39 V10DER THEM CONTRACT WITH CITY, DATED SEPTEMBER 17, 1960, ! DINIORIZED BY ORDINANCE N0. 5888; AU'T'HORIZING Palm 0P FINAL ESTIMATE NO. ii, A COPY OP WHICH IS ATTACKED HERETO AND MADE A PART HEREOF,DATETb MAY25, 1961, IN THE AMOUNT OF $6,248.34, AND AUTHORIZING PAY- MENT OF TRINITY LABORATORIES INVOICES IN THE AMOUNT OF $183.50, ALL FROM NO. 220 STREET Bon IROS FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND LA.BORA.°RY TF$T1"NG, APPLICABLE TO PROJECT NO. 220-53-6.2; AND DECLARING AN EMERGENCY. The Cbsztsr rule was suspended by the following vote: All Council Members present alai voting "Aye". The foregoing ordinance w a passed by the following vote: All Council Moaners present and voting "Aye". • • Regular Council Meeting June 7, 1961 Page 9 ORDINANCE NO. 6163 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE COLLIER PARK SWIMMING POOL AS PERFORMED BY RRASELTON CONSTRUCTION COMPANY, CONTRACTORS, UNDER THEIR CONTRACT WITH THE C1TT, DATED FEBRUARY 2, 1961, AUTHORIZED BY ORDINANCE NO. 6058; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, A COPY OF WHICH IS ATTACHED HERETO ADHD MADE A PART HEREOF, DATED MAY 27, 1961, IN THE AMOUNT OF $16,083.70 FROM NO. 111 TRUST FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT; AND D 'LARWNG AN EMERGENCY. The Charter rile was suspended by the following vote: A]L. Council Members present an voting "Ayes'. The foregoing ordinance was passed by the following vote: All Council Members present and voting "Aye". ORDINANCE N0. 6164 RECEIVING INTO THE CITY OF CORPUS CHRISTI, TEXAS, THE HEREINAFTER DESCRIBED PROPERTY ADJACENT TO AND ADJOINING THE CITY OF CORPUS CHRISTI, OWNED IN FEE SIICLE :+ THE UNIVERSITY OF CORPUS CHRISTI, AND FULLY DESCRIBING SAME AS AN INTEMAL PART OF THE CITY Or CORPUS CHRISTI, TEXAS; DEFINING ITS LIMITS AND DECLA_RU1Y1 THE SAME A PAR? OF THE CI1T OF CORPUS CHRISTI, SUBJECT TO THE CONDITIONS AND RULES, REGULATIONS, ORDINANCES AND THE CHARTER OF THE C1TI OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council timbers present and voting "Aye". ORDINANCE NO. 6165 RECEIVING INTO THE CITY OF CORPUS CHRISTI, TEXAS PROPERTY ADJACENT TO THE CITY, BEING SCRAM ESTATES, UNIT 3 AND 3-A, SUBDI'VISIONS AS SHOWN BY MAP OF RECORD I_a THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AND FULLY DESCRIBING SAME AS AN IYFPHGRAL PART OF THE C1ix ae CORPUS CHRISTI, TEXAS; WINING ITS LIt 3SS AND DECLARING THE SAME A PART OF THE CITY OF CORPUS CHR;STI, SWAM TO THE CONDITIONS AND RULES, REGULATIONS, ORDIN- ANCES AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting "Aye". The fore:.ing ordinance was passed by the following vote: All Council Members present and voting "Aye". RESOLUTION No. 6166 EXPRESSING APPRECIATION TO CHARTER AMENIKET ADVISORY COMMISSION FOR PUBLIC SPIRIT AID civic CONTRIBUTION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Meerttbers present and voting "Aye". The foregoing resolution was passed by the following vote: All Council Members present and voting "Aye". Regular Council Meeting June 7, 1961 Page 10 ORDINANCE NO. 6168 AUTHORIZING IRE CITI MANAGER TO EXECUTE A USE PRIVILEGE EASEMENT OF A PORTION OF THE RIGHT 07 WAY OF ALAI. DA STREET EfTEMDIG SOUTHWARD PROM EVRRHART ROAD ON THE WESTEW SIE OF ALAMEDA STREET TO E. A. SARMAR,, A COPi OF WHICH IS ATTACHED HERETO AND MADE A PAR: HEREOF, UPON THE TERMS AND CONDITIONS SET OUT IN SAID EASEMENT, SUBJECT TO THE LIMITATIONS PROVIDED BY THE CITY CHARTER; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote; All Council Members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council Members present and voting "Aye". ORDINANCE N0. 6169 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT FOR THE ERECTION of A SIGN IN CONNEC- TION WITH THE BUSINESS OPERATED AND TO BE OPERATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF MARGUERITE STREET AID SOUTH STAPLES STREET; PROVID- ING THE TERMS 0? SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: All Council Members present and voting "Aye". The foregoing ordinance vas passed by the following vote: All Council Members present and voting "Aye". ORDINANCE NO. 6170 CLOSING THE SOUTH PORTION OF THE ALLEYWAY taTEDDING NORTH AND SOUTH BETWEEN BLOCKS 22 AND 23, DEL MAR ADDITION; ACCEPTING AN ALLEY AND UTILITY EASEMENT ON AND ACROSS PORTIONS OF LOTS 15 AND 16, BLOCK 23, DEL MAR ADDITION, IN LIEU OF THE ALLEYWAY HEREBY CLOSED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting "Aye". The foregoing ordinance vas passed by the following vote: All Council Members present and voting "Aye". ORDINANCE NO. 6171 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF ATJOUST, 1937, APPEARING of RECORD IN VOLUME 9, PAGES 565, ET SEq OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENIED FROM TIME TO TIME, AND PARTICULARi 'A7 AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BigMIMING SECTION 5-5 OF ARTICLE 5, ARTICLE 24, SECTION 29-1 O? ARTICLE 29, A',tlr SECTION 27=3.06.01 OF ARTICLE 27 AS SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DE- CLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: All Council Members present and voting "Aye". The foregoing ordinance was passed by the following vote: A11 Council Mmbers present and voting "Aye". • Regular Council Meeting June 7, 1961 Page 11 Mrs. Ralph Griffin, Charisma of Observance Committee of the League of Warren Voters, appeared relative to the sizeable increase in the budget being requested by the Health, Welfare and Juvenile Services of Corpus Christi and !beces County, and asked it the City is going to formally re- quest a larger financial contribution from the City of Robeto n than the $1200 they now contribute. In answer to questions from the Council, Mre. Griffin stated that the League has made a 2 -year study of the program, that Miss. Brown, who attends the County Caonissioners' meetings, intends to call the matter to their attention, also, and that the Council was welcome to use the League's work sheets in connection with its considera- tion of the mattes. Mayor McDonald requested that Mrs. Griffin leave the aforemention- ed work papers with the Council for their study. Hodge Thompson, attorney, expressed his appreciation for the speed and cooperation he had received from the Legal Dept., the City Sec- retary, the City Manager and the Public Works Dept. in helping him to solve his problem relative to the erection of a sign at the intersection of Marguerite Street and So. Staples St. Mayor McDonald turned the Chair over to Mayor Pro Tem Svantner during the discussion and consideration of the third and final reading of an ordinance granting a Sightseeing franchise to Inland Limousine Service, Inc., due to his having previously represented this company as a private citizen in a legal capacity. Hon. 'Travis Peeler appeared in behalf of one of the present sight- seeing franchise holders, Al Esealante, and opposed the granting of a sight- seeing franchise to this particular company on the basis that although his client was not asking for or entitled to as exclusive franchise, the grant- ing of this frandhise would constitute an unfair competitive advantage due to lnland's present limousine franchise at the airport. He further stated that his client had gone to quite a bit of expense for incorporation and ad- vertising, and offered regularly scheduled tours, and that so far in the three years of their franchise there had been very little return, and the granting of the Inland franchise would make three sightseeing franchisee in the City as there are presently two, one being inactive. Regular Council Meeting dune 7, 1961 Page 12 Mayor Pro Tem Swantner stated that it was not the business of the Council to go into the operation or management of a business to decide whether or not it was being operated properly or Whether or not an addition- al franchise can be operated on a profitable basis. THI?D AND FINAL READING OF ORDINANCE N0. 6172 GRANTING TO INLAND LIMOUSINE SERVICE, INC., A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A SIGHTSEEING SERVICE ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF CORPUS CHRISTI; PROVIDING FOR THE PAYMENT OF 2% OF THE GROSS RECEIPTS PER MONTH, AND PROVIDING FOR THE PAYMENT OF AD VALOREM TAXES, CHARGES, RENTAL FEES OR OBLIGATIONS FEES WHICH MAY BE LEGALLY IMPOSED UPON SUCH BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUS- INESS IS TO BE OPERATED, AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND THE METHOD OF REINSTATING SANTE; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED TO THE CITY SECRETARY. The foregoing ordinance Was read for the third time and passed finally by the following vote: All Council Members present and voting "Aye" with the exception of McDonald and Maldonado abstaining, and Roberts and Young voting "Nay". City Manager Whitney suggested that the matter of the inactive sightseeing franchise be looked into for the purpose of revoking same if it is no longer desired, and Mayor Pro Tem Svantner asked him to do so. There being no further business to come before the Council, the meeting was adjourned.